Guantanamo at Home

In his luggage, the government
alleges, Babar had raincoats, ponchos and waterproof socks, which Babar
later delivered to the third-ranking member of Al Qaeda in South Waziristan,
Pakistan. It was alleged that Hashmi allowed Babar to call other
conspirators in terror plots, using his cellphone.

by Jeanne Theoharis

. . . Hashmi is a 29-year-old Muslim American citizen being held in solitary
confinement at the federal Metropolitan Correctional Center (MCC) in Lower
Manhattan. He is charged with two counts of providing and conspiring to
provide material support and two counts of making and conspiring to make a
contribution of goods or services to Al Qaeda. If convicted, Hashmi faces
seventy years in prison. He is also a former student of mine at Brooklyn
College who graduated in 2003 and received his master's degree in
international relations at London Metropolitan University in 2005.

Hashmi was apprehended in Britain on June 6, 2006, on a US warrant; his
arrest was featured as the top story on the CBS and NBC nightly news
programs, which used graphics blaring Terror Trail and Web of Terror. Held
for eleven months without incident at Belmarsh Prison, he became the first
US citizen to be extradited by Britain under new policies relaxing the
standard for extradition in terrorism cases.

The Justice Department claims that the "centerpiece" of its case against
Hashmi is the testimony of Junaid Babar. According to the government, in the
beginning of 2004, Babar, also a United States citizen, stayed with Hashmi
at his London apartment for two weeks. In his luggage, the government
alleges, Babar had raincoats, ponchos and waterproof socks, which Babar
later delivered to the third-ranking member of Al Qaeda in South Waziristan,
Pakistan. It was alleged that Hashmi allowed Babar to call other
conspirators in terror plots, using his cellphone. Babar, who was arrested
in 2004 and has pleaded guilty to five counts of material support for Al
Qaeda, faces up to seventy years in prison. While awaiting sentence, he has
agreed to serve as a government witness in terror trials in Britain and
Canada, as well as in Hashmi's trial. For his cooperation, Babar will be
rewarded with a reduced sentence.

Material-support laws are predicated on guilt by association. They fashion a
black box into which all sorts of constitutionally protected activities can
be thrown and classified as suspect, if not criminal. Because there is
little evidence in this case that links Hashmi directly to any criminal
action, much of the government's case will hinge on establishing his intent.
To do this, the government will likely focus on statements Hashmi has made
about US foreign policy, the treatment of Muslims here and abroad and other
political issues. Hashmi, who was a member of the New York political group
Al Muhajiroun as a student at Brooklyn College, advocated positions well
outside the mainstream of American public opinion. Indeed, he drew the
attention of Time and CNN in May 2002 as a student activist and potential
homegrown threat; both quoted him at a 2002 Brooklyn College meeting,
calling America "the biggest terrorist in the world." The government,
however, has not designated Al Muhajiroun a terrorist organization or deemed
membership in the organization illegal. This prosecution thus has the
potential to criminalize constitutionally protected political speech.

Hashmi has been in solitary confinement at MCC awaiting trial since May
2007. Since October of that year he has been held under Special
Administrative Measures (SAMs) imposed and then renewed by the attorney
general. The government's authority to impose SAMs was established in 1996.
Since 9/11, the standards for imposing them - and conditions for their
renewal - have been significantly relaxed. Under the SAMs, Hashmi is allowed
no contact with anyone - except his lawyer and, more recently, his
parents - no calls, no letters, no talking to other prisoners through the
walls, because his cell is electronically monitored inside and out. He must
shower and go to the bathroom in view of the camera. He can write one letter
a week to a single member of his family, but he cannot use more than three
pieces of paper. He is forbidden any contact - directly or through his
attorneys - with the news media. He can read newspapers but only portions
approved by his jailers - and not until thirty days after publication. He is
allowed only one hour out of his cell a day - which is periodically
withheld - and is not allowed fresh air but is forced to exercise in a
solitary cage. . . .

- -
[According to the PBS series Frontline: Secret Threat to Justice: "A nine-month investigation by the
National Law Journal has found that abuses by informants and law enforcement
threaten the rights and the safety of innocent people, as well as the
integrity of the courts."--Enver Masud, "$1 Million for Witnesses in Embassy
Bombing Trial," The Wisdom Fund, June 1, 2001]

[First, admit the mistake and make the apology. Second, provide
compensation. US taxpayers have spent $2m a year for 11 years to keep Nabil at Gitmo;
give the guy a few thousand bucks to get on his feet. Third, pressure the French to
allow his re-entry.--John Grisham, "Guantanamo Bay: the US was dead wrong, but no one can admit
it," theguardian.com, August 12, 2013]